The claimant, Mr Higgins, brought a claim for reasonable provision out of the estate of the deceased, under the Inheritance (Provision for Family and Dependants) Act 1975 (the 1975 Act), in his capacity as a person who, although not a child of the deceased, was treated by the deceased as a child of the family, within the meaning of s1(1)(d) of the 1975 Act. Mr Higgins’ mother had married the deceased when he was aged nine, and he had continued to reside with the deceased after his mother and the deceased divorced, at which time the deceased had been gr...
Continue reading "The 1975 Act: Drink, drugs and bohemia"
By a will dated 7 July 2015 Stanley Nahajec (‘deceased’) left the whole of his estate valued at £265,710 to the defendant whom he appointed as sole executor. The deceased died on 19 July 2015 and a grant of probate to the defendant was issued on 15 October 2015. The claimant, who was one of three adult children of the deceased, brought a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (‘Act’) on 12 April 2016. One of her half siblings, Mark Nahajec, similarly made a claim under the act which was settled by a payment of £22,000 though his circumstances differed ...
Continue reading "Inheritance Act: Cutting the cord"
Continue reading "Quantum: Of greatest benefit?"
Marula Christofides died on 14 May 2009 having made a will on 22 October 2008 leaving her worldwide residuary estate between her son Andreas, her two daughters Panayiota and Joanna and her granddaughter Benita.
Probate was granted in May 2010 on a net UK estate of £308,253 with a property in London valued then at £300,000 but at the time of trial worth £420,000. The deceased owned two areas of land in Cyprus – one with a house worth €280,000 and one in the Turkish Republic of Northern Cyprus owned by the deceased’s husband. His Honour Judge Hand eventually settled on £125,000 as t...
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Continue reading "Wills: Attack on testamentary freedom?"